Judiciary - 5

Question 1

What did the Pinochet case establish ?

Answer 1

Pinochet case establishes two things.

First, the importance of judges
both being impartial and appearing to be impartial when deciding legal cases;
and
second, the extent to which judges are very difficult to remove even when they may
have demonstrated a serious error of judgment

Question 2

nemo judex in causa sua

Answer 2

means, literally, “no-one is judge in his own cause.” It is a principle of natural justice that no person can judge a case in which they have an interest.

Question 3

The Tribunals, Courts and Enforcement Act (TCE Act) 2007

Answer 3

The Tribunals, Courts and Enforcement Act (TCE Act) 2007 widened eligibility further.
It extended the range of people who could qualify for judicial appointment. It
also introduced the judicial-appointment eligibility condition. Where this applies,
eligibility for judicial office is no longer based on possession of rights of audience for a
specified period. It is based on:
u possession of a relevant legal qualification
u for the requisite period, and
u gaining legal experience while holding that qualification

Question 4

Statements made by the Organisation JUSTICE in 1992

Answer 4

• that the qualities and skills required of judges should be established and articulated
• those from whom appointments are made should be broadened
• a reduction in the mandatory retirement age
• restructuring judicial work to allow the appointment of permanent part-time appointments
• the option of embarking on a judicial career at an early stage
• the introduction of term appointments at all levels for those who would prefer them.

JUSTICE argued for the introduction
of modern appointment procedures and measures to support increased diversity
that were controversial and far ahead of their time.

Question 5

Constitutional Reform Act 2005 (CRA 2005)

Answer 5

relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor.

The third part of the act is about the appointment of judges. In 1991 the Law Society had criticized the old system (the Queen appointing judges on the advice of the Lord Chancellor), emphasizing its defects and recommending the establishment of an independent body responsible for appointing judges. The Constitutional Reform Act realized the hopes of the Law Society. Section 61 prescribed the creation of the Judicial Appointments Commission, responsible for the appointment of judges for English and Welsh courts. The following sections regulate the structure and the procedures of the Commission.